1. (a) The purpose of disciplinary sanction shall be to:

   1. (1) Protect public health and safety, both as to the complainant and the public; and
   2. (2) Prevent future misconduct by a registrant through correction of deficiencies which led to the finding of misconduct;

2. (b) In addition to the conduct described in RSA 328-I:10, V, the board shall consider the following conduct as aggravating factors:

   1. (1) The misconduct caused, or had the potential to cause, physical or mental harm to the client, patient or another person;

   2. (2) The misconduct repeated earlier misconduct by a registrant, as determined by:

      1. a. An earlier hearing;
      2. b. An earlier settlement agreement predicated on the same misconduct by the registrant; or
      3. c. An admission by the registrant; or
   3. (3) The misconduct was intentional, rather than the result of negligence or inadvertence.

3. (c) In considering which sanction or combination of sanctions to impose, the board shall consider the following conduct as mitigating factors:

   1. (1) The misconduct did not cause, or have the potential to cause, physical or mental harm to the client, patient or another person;
   2. (2) The misconduct is the first misconduct of this type by the registrant reported to board;
   3. (3) The misconduct was the result of mistake, lack of due care, or inadvertence;
   4. (4) The registrant either self-reported the misconduct, or cooperated fully in the investigation of a complaint made by another person;
   5. (5) The registrant has proposed a corrective action plan which will fully meet the purposes of disciplinary sanction noted above.
4. (d) Based upon its findings, the board shall take disciplinary action by imposing one or more of the sanctions permitted by RSA 328-I:10.

Source. #11091-B, eff 5-5-16